Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Violation penalties lowered on 7 Bay Area toll bridges

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Benicia-Martinez Bridge. Photo by John Huseby, Caltrans

Retroactive to Jan. 1: Cost for Initial Notice Drops to $5 from $25; Second Notice to $15 from $70; affects all but Golden Gate

The Bay Area Toll Authority (BATA) today announced a sharp reduction in the penalties associated with toll violation notices sent by the FasTrak® customer service center to customers with unpaid invoices for toll bridge crossings.

Effective immediately — and retroactive to all violation notices since Jan. 1 of this year for outstanding tolls at the San Francisco-Oakland Bay, Antioch, Benicia-Martinez, Richmond-San Rafael, Carquinez, Dumbarton and San Mateo-Hayward bridges — the penalty for first violation notices drops to $5 from the previous $25 and the penalty for second violation notices falls to $15 from the previous $70.

Bridge customers who paid toll violation penalties earlier this year will receive a refund for the difference between the amount(s) they paid and the amount(s) due under the new policy. Distribution of these refunds is expected to begin in February 2022 and continue over the next several months, after which a claim process will be posted at www.bayareafastrak.org for customers who believe they are owed a refund and did not receive one.

The new policy toward violation penalties was approved by BATA at its October 2021 meeting and marks the first policy change adopted as part of its Bay Area tolling equity action plan unveiled in May 2021. BATA at its November 2021 meeting approved several additional policy changes slated to become effective in the spring of 2022. These include dropping the cost of the FasTrak toll tag deposit for new customers who choose not to link their account to a credit card to $5 from the previous $20; crediting $15 to the prepaid toll accounts of existing customers who paid a $20 tag deposit; reducing the minimum opening balance for a FasTrak account for customers who pay with cash or check to $25 from the previous $50; and eliminating transaction fees for customers who replenish FasTrak accounts or pay violation penalties at a cash network location. BATA and the FasTrak customer service center in the coming months are expected to implement additional recommendations designed to make enrollment in the FasTrak electronic toll payment system more convenient, accessible and affordable. The toll payment system is fully automated for FasTrak customers, with the cost of each crossing automatically deducted from their accounts, allowing them to avoid invoices, violation notices and penalties altogether.

FasTrak customers already account for about three-quarters of all crossings at the Bay Area’s state-owned toll bridges. BATA encourages customers who do not already have FasTrak to open accounts online at www.bayareafastrak.org or by phone at 1-877-229-8655 (BAY-TOLL). Customers also may obtain FasTrak tags at select Costco and Walgreens stores. A map of retail locations at which FasTrak tags are available may be found at https://www.bayareafastrak.org/en/howitworks/retailmap.html. Tags purchased at Costco or Walgreens must be registered online. Drivers who would rather replenish their FasTrak accounts with cash can do so at more than 100 Cash Payment Network locations, now including Walmart stores. A map of these locations may be found at https://www.bayareafastrak.org/en/tolls/cashLocationsMap.html.

Drivers also may open a License Plate Account, which is a pay-as-you-go option that links a license plate to an account and charges that account whenever the vehicle crosses a toll bridge; or make a one-time payment, which allows the customer to pay a toll online up to 30 days in advance of a bridge crossing or within 48 hours afterwards. There are no fees for either of these services. More information about License Plate Accounts and one-time payments is available at www.bayareafastrak.org.

Customers who do not have FasTrak or a License Plate Account — and who do not use the online one-time payment option — are required to return invoices with payment within 21 days. Customers who neglect to return payment by the due date on the invoice will receive a “Notice of Toll Evasion” with a $5 penalty for each toll crossing. Customers who do not return payment by the due date on the “Notice of Toll Evasion” will receive a “Second Notice of Delinquent Toll Evasion” with a violation penalty of $15 per crossing. Customers who do not return payment after a second notice may have a hold put on their vehicle registration by the DMV or have the amount owed referred to a collection agency.

BATA administers all toll revenues from the region’s seven state-owned toll bridges.

 

Tolls on seven Bay Area bridges increased by $1 on New Year’s day to fund $4.45 billion of transportation projects

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The Richmond-San Rafael Bridge and Bay Trail. Photo: MTC

Second of three voter-approved increases, this one to $7; funds held in escrow pending State Supreme Court decision

Bay Bridge Toll Plaza from MTC website. By Noah-Berger

By Bay Area Toll Authority

With the new year, the Bay Area Toll Authority (BATA) reminds drivers that tolls at the region’s seven state-owned toll bridges increased by $1 on Jan. 1, 2022. This is the second of the three $1 toll increases approved by the Legislature in 2017 through state Senate Bill 595 and by voters through Regional Measure 3 in June 2018. The first of these toll hikes went into effect on Jan. 1, 2019. The last of the Regional Measure 3 toll increases will go into effect on Jan. 1, 2025.

Regular tolls for two-axle cars and trucks (as well as for motorcycles) at the San Francisco-Oakland Bay, Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges rose to $7 from the current $6 on Jan. 1, 2022.

Tolls for vehicles with three or more axles also rose by $1 on Jan. 1, 2022, at all seven of the state-owned toll bridges: to $17 for three axles, $22 for four-axles, $27 for five axles, $32 for six axles, and $37 for combinations with seven or more axles.

Senate Bill 595 and Regional Measure 3 continue the peak-period toll discount for motorcycles, carpools and qualifying clean-air vehicles crossing any of the state-owned toll bridges on weekdays from 5 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. The discounted toll increased to $3.50 on Jan. 1, 2022, from the previous $3. To qualify for this discount, carpoolers, motorcyclists and drivers of qualifying clean-air vehicles must use FasTrak® to pay their tolls electronically and must use a designated carpool lane at each toll plaza.

Senate Bill 595 and Regional Measure 3 also established a 50-cent toll discount for two-axle vehicles crossing more than one of the state-owned toll bridges during weekday commute hours of 5 a.m. to 10 a.m. and 3 p.m. to 7 p.m. To be eligible for the toll discount, which is to be applied to the second toll crossing of the day, motorists must pay their tolls electronically with FasTrak®. Carpools, motorcycles and qualifying clean-air vehicles making a second peak-period toll crossing in a single day will qualify for an additional 25-cent discount off the already-discounted carpool toll.

Funding for Transportation Projects

The funds collected from the additional toll will fund a $4.45 billion list of transportation improvement projects throughout the nine-county Bay Area, which includes $470 million in Contra Costa County.

Source: MTC

Source: MTC

New FasTrak® customers can obtain toll tags at hundreds of Walgreens and Costco stores around the Bay Area. A complete list of participating locations — as well as an online enrollment and registration feature — is available on the FasTrak® Web site at bayareafastrak.org. Customers also may enroll in the FasTrak® program by phone at 1-877-229-8655; by calling 511 and asking for “FasTrak” at the first prompt; or in person at the FasTrak® customer service center at 375 Beale Street in San Francisco. Phone service is available Monday-Thursday from 8 a.m. to 6 p.m. and on Fridays from 8 a.m. to 5 p.m. The walk-in customer service center is open Monday-Friday from 9 a.m. to 5 p.m. FasTrak® can be used in all lanes at all Bay Area toll plazas.

Because a legal challenge to Senate Bill 595 and Regional Measure 3 remains pending before the California Supreme Court, the January 1, 2022 toll increase, as collected, is placed into an escrow account managed by an independent trustee. Revenue from the 2019 toll increase also is being held in escrow. If BATA prevails in the litigation, the funds will be applied to BATA-approved programs.

Major projects in the Regional Measure 3 expenditure plan include improvements to State Route 37 in the North Bay, freeway interchange improvements in Alameda, Contra Costa and Solano counties, the purchase of more new BART cars, extension of the BART system from Berryessa to downtown San Jose and Santa Clara, extension of the Caltrain corridor to the Salesforce Transit Center in downtown San Francisco, expansion of Muni’s transit vehicle fleet, expansion of San Francisco Bay Ferry service and more frequent transbay bus service, a direct freeway connector from northbound U.S. 101 in Marin County to the Richmond-San Rafael Bridge, upgrades to the Dumbarton Bridge corridor, and extension of the SMART rail system to Windsor and Healdsburg in Sonoma County.

BATA, which is directed by the same policy board as the Metropolitan Transportation Commission (MTC), administers toll revenues from the Bay Area’s seven state-owned toll bridges. Toll revenues from the Golden Gate Bridge are administered by the Golden Gate Bridge, Highway and Transportation District, which joined with BATA to operate a single regional FasTrak® customer service center in San Francisco. MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

Allen Payton contributed to this report.

 

Final Regional Housing Needs Allocation Plan requires 441,176 more homes in Bay Area by 2031

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Source: ABAG

44,000 more in Contra Costa

After two years of collaboration, plan to expand Bay Area’s housing opportunities approved during public hearing, Thursday night

“The next steps are for (the 110) Bay Area cities, towns and counties to update their housing elements by January 31, 2023…and plan for housing at all income levels.” – ABAG President and Berkeley Mayor Jesse Arreguín

SAN FRANCISCO, December 17, 2021 . . . The Association of Bay Area Governments (ABAG) at last night’s Executive Board meeting approved the Final Regional Housing Needs Allocation (RHNA) Plan for the San Francisco Bay Area, 2023-2031.  The state Housing and Community Development Department requires the Bay Area to plan for and revise local zoning to accommodate 441,176 additional housing units during the 2023-31 period.  The approved final RHNA plan distributes this requirement among the region’s nine counties and 101 cities and towns, with allocations ranging from 72 units in the Napa County town of Yountville to more than 82,000 units in San Francisco.

The plan requires communities in Contra Costa County to add 43,970 housing units, almost 10% of the total, during the time period, with Walnut Creek (5,805 units), San Ramon (5,111) and Concord (5,073) being allocated the highest number of housing units, followed by Richmond and Antioch being allocated 3,614 and 3,016 units, respectively.

Source: ABAG

“The Final RHNA Plan’s passage concludes a two-year regional collaborative process, reflecting hundreds of hours of work by staff, elected officials and stakeholders,” noted ABAG President and Berkeley Mayor Jesse Arreguín. “This is an important step in our region’s efforts to address our housing crisis. Every city and county must do their part to address our housing and homelessness crises. With this RHNA Plan, local governments will have to rezone and plan for significantly more housing than before. This plan also affirmatively furthers fair housing by distributing housing growth equitably throughout the region addressing decades of racial and economic segregation. This is also part of a much bigger effort being undertaken by ABAG and the Metropolitan Transportation Commission to provide resources and technical assistance to local agencies and generate new funding sources for affordable housing in the Bay Area.”

Source: ABAG

“The next steps,” Arreguín continued, “are for Bay Area cities, towns and counties to update their housing elements by January 31, 2023, to reflect the new RHNA allocations and plan for housing at all income levels. The Regional Housing Technical Assistance Program (RHTA) is ready to provide local jurisdictions with the financial support and technical assistance they need to complete these steps.”

Funded by the state’s Regional Early Action Planning grant, ABAG created RHTA to help local agencies update the housing elements of their general plans, ensuring that Bay Area cities, towns and counties take the steps to move from plans to implementation and remain competitive for various state funding programs to increase housing opportunities. RHTA includes some $11 million in direct assistance to local governments as well as other support.

Source: ABAG

The Bay Area Housing Finance Authority (BAHFA) is another part of ABAG’s and the Metropolitan Transportation Commission’s expanded regional housing portfolio. “As the first regional housing finance authority in California, BAHFA has the potential to raise hundreds of millions of dollars to help meet the Bay Area’s urgent housing affordability challenges,” explained Oakland Mayor Libby Schaaf, who chairs the BAHFA Oversight Committee. “The RHNA Plan establishes the housing at each income level that Bay Area’s communities need to plan for, but BAFHA provides an opportunity to fund the solution: providing more housing for everyone in the Bay Area. This makes it an important part of the Bay Area’s housing toolbox as we work together to protect existing affordable housing, to prevent displacement of current residents and to promote the construction of more new housing units.”

ABAG is the council of governments and the regional planning agency for the 101 cities and towns, and nine counties of the Bay Area. Additional information is available on the regional housing programs’ individual webpages:

RHNA: https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation

RHTA: https://abag.ca.gov/our-work/housing/regional-housing-technical-assistance

BAFHA: https://abag.ca.gov/our-work/housing/bahfa-bay-area-housing-finance-authority

Allen Payton contributed to this report.

Contra Costa DA joins forces with other prosecutors to combat organized retail theft

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As thieves turn to new tactics, Bay Area, San Joaquin County prosecutors form alliance to ensure accountability

By Bobbi Mauler, Executive Assistant, Contra Costa County Office of the District Attorney

Today, Nov. 24, 2021, Contra Costa District Attorney Diana Becton announced an alliance between Contra Costa, Alameda, San Francisco, Marin, San Mateo, Santa Clara and San Joaquin counties, law enforcement, and state agencies to combat the recent increase in organized retail theft. Each office has pledged a prosecutor to collaborate and participate in the joint effort. (See related article)

“Fencing and organized retail theft rings operate across jurisdictional boundaries,” said Contra Costa District Attorney Diana Becton. “As prosecutors, we must respond to the nature of these crimes and operate with our partners to more effectively meet this challenge. Those responsible for perpetuating these crimes are working together as a team, and to ensure accountability for their crimes, law enforcement needs to work together as a team too. These caught and arrested will be prosecuted to the full extent of the law.”

“Organized retail theft has adverse and costly impacts on business owners and consumers alike,” said San Joaquin District Attorney Tori Verber Salazar. “Through a partnership with our neighboring counties, we will hold all parties accountable, including fencing rings and individuals who purchase stolen goods. We commend Governor Newsom and Attorney General Bonta for taking organized retail theft seriously and we implore the community to report suspicious resell activity to assist law enforcement’s efforts in tracking organized retail theft rings.”

While police work to strengthen investigations and collaborations across jurisdictional boundaries, prosecutors’ offices similarly can better ensure accountability through information sharing. The partnership between counties and local agencies would allow for the sharing of information through data collection, crime analytics, as well as pooled investigative tools to successfully prosecute those involved with organized retail theft schemes. In addition to the shared resources between counties, the District Attorney’s Offices would continue to collaborate with their local retailers and State Representatives to ensure statues that cover organized theft rings are enforceable and improve safety for consumers.

“Retail theft crimes are affecting all counties in the Bay Area as well as across the nation.  Collaboration and shared strategies with neighboring prosecutors and law enforcement partners are critical to both preventing and responding to organized retail theft,” said San Francisco District Attorney Chesa Boudin.  “This alliance of prosecutors is committed to developing strategies to combat these organized crimes.  Together, we are determined to stop those who participate in organized retail theft, including by dismantling the fencing networks that make this type of crime profitable.”

“The recent premeditated retail theft mob action in multiple cities across Northern California is intolerable and will not be accepted by District Attorneys, law enforcement officials and our community members,” said San Mateo District Attorney Steve Wagstaffe.  “Anyone caught engaging in such criminal conduct should expect to find themselves facing prosecution, conviction and incarceration. There is no leniency for such behavior.”

“The recent acts of retail thefts, robberies and mass-mob burglaries throughout Northern California will not be tolerated. These are clearly carefully orchestrated crimes, working together in large groups to create a mob-like mentality,” said Alameda County District Attorney Nancy O’Malley. They are instilling fear in merchants, customers, and the wider community. This is especially appalling at a time where many are out and about during the holiday season. Be assured that those caught and arrested will be prosecuted to the full extent of the law.”

“California has seen shifts in crime trends and tactics, and Bay Area prosecutors are forming this partnership to meet the moment,” said Cristine DeBerry, Executive Director of the Prosecutors Alliance of California.  “Partnerships like these reflect the need to implement modern solutions to modern problems. These crimes happen quickly, and they may not be caught in the act.  Through information sharing and coordination, there will be greater likelihood of arrests and accountability than everyone working in isolation.”

Park district turning Black Friday green with FREE Park Day

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Special Visitor Center activities planned

By Dave Mason, Public Information Supervisor, Public Affairs, East Bay Regional Park District

For the past seven years, the East Bay Regional Park District has celebrated Green Friday, the day after Thanksgiving, as a healthy outdoor alternative to Black Friday holiday shopping. To encourage time in nature, the Park District is again making Green Friday a FREE Park Day, meaning all District fees are waived for park entrance and activities, including parking, dogs, horses, boat launching, fishing, as well as entry to Ardenwood Historic Farm.

“Time in nature improves physical and mental health and is a great way to relieve holiday stress,” said Park District Board President Dee Rosario. “The day after Thanksgiving is a great opportunity to get outside and spend time with family and friends.”

The fee waiver does not include State fees for fishing licenses and watercraft inspections for invasive mussels or privately operated concessions such as the Tilden Merry-Go-Round and Redwood Valley Railway steam train.

The Park District’s Green Friday is part of the “#OptOutside” movement that started in 2015 when REI closed its doors on Black Friday and encouraged its employees and the public to explore the outdoors instead of shopping. Millions of people and hundreds of organizations now participate in #OptOutside each year.

Visitor Center activities planned for Green Friday include:

To find a park or activity, visit www.ebparks.org/parks.

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.

ABAG, MTC adopt final Plan Bay Area 2050 and Environmental Impact Report

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“$1.4 trillion vision for a more equitable and resilient future for Bay Area residents” in the areas of housing, the economy, transportation and the environment

“Roadmap toward a more affordable, connected, diverse, healthy and vibrant region for all”

Includes “strategies that would produce more than 1 million new permanently affordable homes” and an effort to “Implement a statewide universal basic income” to “provide an average $500 per month payment to all Bay Area households”

The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC), during their joint meeting Thursday evening, Oct. 21, 2021, unanimously adopted Plan Bay Area 2050 and its associated Environmental Impact Report. The unanimous votes by both boards cap a nearly four-year process during which more than 20,000 Bay Area residents contributed to the development of the new plan.

All six representatives from Contra Costa County, including Supervisors Candace Andersen and Karen Mitchoff, Richmond Mayor Tom Butt and San Ramon Councilman Dave Hudson, who serve on ABAG, as well as Supervisor Federal Glover and Contra Costa City Representative Amy Worth, Mayor of Orinda, who serve on MTC, voted to adopt the plan.

Defined by 35 strategies for housing, transportation, economic vitality and the environment, Plan Bay Area 2050 lays out a $1.4 trillion vision for policies and investments to make the nine-county region more affordable, connected, diverse, healthy and economically vibrant for all its residents through 2050 and beyond. From housing strategies that would produce more than 1 million new permanently affordable homes by 2050 to transit-fare reforms that would reduce cost burdens for riders with low incomes and paths to economic mobility through job training and a universal basic income, the goal of a more equitable Bay Area is interwoven throughout the plan. With a groundbreaking focus on climate change, strategies also are crafted for resilience against future uncertainties, including protection from hazards such sea-level rise and wildfires.

It is a long-range plan charting the course for the future of the nine-county San Francisco Bay Area. Plan Bay Area 2050 will focus on four key issues—the economy, the environment, housing and transportation—and will identify a path to make the Bay Area more equitable for all residents and more resilient in the face of unexpected challenges. Building on the work of the Horizon initiative, this new regional plan outlines strategies for growth and investment through the year 2050, while simultaneously striving to meet and exceed federal and state requirements. The Metropolitan Transportation Commission and the Association of Bay Area Governments are expected to adopt Plan Bay Area 2050 in fall 2021.

“Plan Bay Area 2050 reflects a shared vision that can’t be implemented by any single agency,” explained ABAG Executive Board President and Berkeley Mayor Jesse Arreguín. “To bring all these strategies to fruition will require ABAG and MTC to strengthen our existing partnerships and to form new ones — not just with our cities and counties and the state government, but also with the federal government, businesses and nonprofits.”

What will Plan Bay Area 2050 do? What won’t it do?

Plan Bay Area 2050 outlines a roadmap for the Bay Area’s future. While it pinpoints policies and investments necessary to advance the goal of a more affordable, connected, diverse, healthy and vibrant Bay Area, Plan Bay Area 2050 neither funds specific infrastructure projects nor changes local policies. Cities and counties retain all local land use authority. Plan Bay Area 2050 does identify a potential path forward for future investments – including infrastructure to improve our transportation system and to protect communities from rising sea levels – as well as the types of public policies necessary to realize a future growth pattern for housing and jobs.

Ultimately, Plan Bay Area 2050 reflects a shared vision – one that cannot be implemented by any single organization or government agency. Only through partnership with local, state and federal governments – as well as with businesses and non-profit organizations – will the Plan’s vision come to fruition. Before the Plan is adopted in 2021, MTC and ABAG, along with partner organizations, will create an implementation plan that will advance the strategies outlined in Plan Bay Area 2050.

MTC Chair and Napa County Supervisor Alfredo Pedroza acknowledged the work ahead. “Building and preserving affordable housing. Adapting to sea level rise. Getting more people closer to their jobs and more jobs closer to the people. Sharing prosperity equitably. All of these are big lifts. But the new plan can serve as a north star for the Bay Area’s journey to 2050.”

Among the features that distinguish Plan Bay Area 2050 from previous regional plans is an associated Implementation Plan that details the specific actions ABAG and MTC can take in the next five years to put the new plan into action.

“The Implementation Plan is a commitment to do hard things, not just think about them,” said ABAG-MTC Executive Director Therese W. McMillan. “Even if these steps have to be taken incrementally, they will lead us to a more equitable and resilient Bay Area.”

Housing Strategies

Costs for housing are estimated at $468 billion, with $237 billion budget to preserve existing affordable housing by acquiring “homes currently affordable to low- and middle-income residents for preservation as permanently deed-restricted affordable housing”. An additional $219 billion is budgeted for new, deed-restricted affordable housing and $2 billion to “further strengthen renter protections beyond state law” by limiting “annual rent increases to the rate of inflation, while exempting units less than 10 years old.”

Economic Strategies

The total cost for economic strategies in the plan is $234 billion. Of that amount $205 billion is budgeted to “Implement a statewide universal basic income” and “provide an average $500 per month payment to all Bay Area households to improve family stability, promote economic mobility and increase consumer spending.”

Transportation Strategies

The plan projects to spend a total of $578 billion is projected to be spent on transportation over the next 20 years, with most of that, $389 billion, to “restore, operate and maintain the existing system”. An additional $81 billion will be spent to “expand and modernize the regional rail network” to “better connect communities while increasing frequencies by advancing the Link21 new transbay rail crossing, BART to Silicon Valley Phase 2, Valley Link, Caltrain Downtown Rail Extension and Caltrain/High-Speed Rail grade separations, among other projects.” The third largest budget item for transportation is $32 billion to “enhance local transit frequency, capacity and reliability. Improve the quality and availability of local bus and light rail service, with new bus rapid transit lines, South Bay light rail extensions, and frequency increases focused in lower-income communities.”

Environmental Strategies

A total of $108 billion is programmed for Environmental Strategies. The largest portion of that is $30 billion to “modernize and expand parks, trails and recreation facilities”. An additional $19 billion is budgeted to “adapt to sea level rise” by protecting affected “shoreline communities…prioritizing low-cost, high-benefit solutions and providing additional support to vulnerable populations.

In addition, the plan includes $18 billion to “fund energy upgrades to enable carbon neutrality in all existing commercial and public buildings” through “electrification and resilient power system upgrades”, and another $15 billion to “provide means-based financial support to retrofit existing residential buildings.” To “protect and manage high-value conservation lands”, an additional $15 billion is included in the plan.

The adopted final Plan Bay Area 2050, the EIR, and all the supplemental reports accompanying the new plan are available online at planbayarea.org/finalplan2050.

ABAG is the council of governments and the regional planning agency for the 101 cities and towns, and nine counties of the Bay Area. MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

CHP seeks public help ID’ing suspects in Hwy 24 freeway shooting near Caldecott Tunnel Thursday

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By CHP – Oakland

OAKLAND, CA. – On September 16, 2021, at 3:30 p.m., the California Highway Patrol (CHP) received a call of a road rage incident which led to a freeway shooting on eastbound State Route 24 (SR-24), west of the Caldecott Tunnel. CHP officers responded to the scene and located the victim stopped on the right shoulder. The victim vehicle sustained multiple bullet strikes. No injuries were reported.

Traffic was impacted from 3:30 p.m., to 6:00 p.m. while the shooting investigation was being conducted. This remains an ongoing investigation. The CHP asks that any person with information contact the CHP Golden Gate Division tip line at (707) 917-4491, or by email at 30specialinvestigations@chp.ca.gov.

 

Acting U.S. Attorney announces major law enforcement initiative to combat violence, drug distribution by La Nuestra Familia gang

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Map of La Nuestra Familia’s Areas of Criminal Influence. Source: FBI San Francisco

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” charges 55 defendants, some from Contra Costa

Acting U.S. Attorney Hinds emphasizes focus on community engagement to root out drivers of violent crime

SAN FRANCISCO – Acting United States Attorney Stephanie M. Hinds held a press conference Thursday to announce the unsealing of federal charges filed against 55 defendants, many of whom were members of, or affiliated with, the Nuestra Familia prison gang and its subservient street gangs.  Acting U.S. Attorney Hinds was joined in making the announcement by Federal Bureau of Investigation Special Agent in Charge Craig D. Fair, Drug Enforcement Administration Special Agent in Charge Wade R. Shannon, California Department of Corrections and Rehabilitation Chief Office of Correctional Safety Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn.

The focus of the press conference was the unsealing of 17 charging documents, including 14 indictments and 7 criminal complaints, setting out a broad array of charges against the defendants.  DOJ NF indictment 082521 DOJ SJG indictment 081221 DOJ EHP indictment_081221

According to an FBI San Francisco tweet on Thursday, “Operation Quiet Storm was the culmination of more than 5 years of complex investigative work. The gangs targeted in this case are responsible for much of the illicit drug distribution and violent crime that has plagued areas throughout CA.”

“No single defendant is responsible for all the conduct I am describing,” said Hinds. “The charges against each defendant are described in a charging document that is unique to each defendant. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

According to the documents unsealed today, La Nuestra Familia – Spanish for “Our Family”– was a prison gang operating in the California state prison system. Falling under the gang’s supervision are Norteño street gangs established in numerous cities and counties, and in jails and prisons, throughout Northern California and elsewhere. Several of the charging documents unsealed Thursday describe various aspects of the gang.  For example, one indictment (here (Leadership)) describes the largely-incarcerated leadership, while another (here (SJG)) describes the activities of a street gang called the San Jose Grande and yet another (here (EHP)) describes a group referred to as El Hoyo Palmas Street Gang. The picture that emerges is one of a violent and structured organization that finances its activities through crime and encourages its members to visit violence upon anyone who threatens the gang’s existence, including members who break gang rules, members who attempt to leave the gang, and rival gang members.

According to the documents unsealed Thursday, of the 55 defendants, 28 individuals were charged with racketeering crimes, while the remaining individuals were charged with drug trafficking and firearms offenses. Conspiracies alleged in the indictments include agreements to distribute drugs including heroine, methamphetamine, and cocaine; to commit armed robberies; and to commit murder.  Additional defendants were charged with other related crimes ranging from drug distribution to armed robbery.

According to a San Diego Union-Tribune report, “Prosecutors said 36 of the defendants were already in state prison and have been moved to federal holding facilities. Authorities have not said how many of the 19 remaining defendants were arrested in law-enforcement sweeps this week.”

Acting U.S. Attorney Hinds emphasized the goal to “fish with a spear, not a net.”

“Working with our federal and state, local, and tribal law enforcement partners, as well as impacted communities, our law enforcement efforts have focused on addressing violent crime-driven by gangs,” said Hinds.  “We will continue to work with our law enforcement partners, as well as members of our community, to identify and address the drivers of crime in our neighborhoods.  We intend to continue to deliver results by focusing on the needs of our communities.”

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” said FBI San Francisco Special Agent in Charge Fair.  “The coordinated efforts of this operation were done with one goal in mind: to disrupt the communications and organizational structure of a criminal network who has terrorized our neighborhoods for far too long.”

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions) and the DEA, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, as well as the support of the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, and Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

 

Mexican prison gang Nuestra Familia’s leaders, members, associates charged with racketeering including some from Contra Costa

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Description of indictment by USDOJ against Nuestra Familia leaders, members and associates on Aug. 25, 2021.

Indictment describes the gang’s nexus of power overseeing thousands of members throughout California; Antioch Police Department assist in investigation

Involved in plots to murder 14 victims, plus robbery, drug trafficking and money laundering

SAN JOSE – A federal grand jury returned an indictment charging 17 defendants with racketeering conspiracy, including acts involving murder, robbery, drug trafficking, and money laundering, and charging five others with drug trafficking-related crimes.  The indictment handed down on August 25, 2021, and unsealed Thursday, September 16, 2021 catalogues a litany of crimes allegedly directed by the Nuestra Familia’s command structure incarcerated in California prisons.  The charging announcement was made by Acting United States Attorney Stephanie Hinds, Federal Bureau of Investigation Special Agent in Charge Crag D. Fair, and Drug Enforcement Administration Special Agent in Charge Wade R. Shannon at a press conference this morning. Also appearing at the press conference were Chief of the Office of Correctional Safety for the California Department of Corrections and Rehabilitation Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn. DOJ NF_indictment 082521

“The indictment charges all seven of the members who make up the Nuestra Familia’s ruling body: the General Council,” said Acting U.S. Attorney Hinds. “While the physical movement of this leadership was restricted by prison walls, the indictment alleges their power and influence were not so constrained. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

“The arrests made yesterday, most significantly the arrests of the Nuestra Familia leadership, will severely cripple the ability of this criminal enterprise to continue to facilitate crimes in communities throughout the state and help break a decades-old cycle of violence,” said FBI San Francisco Special Agent in Charge Fair.

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Wade R. Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia (“NF”) prison gang, a violent and lucrative organization formed in the 1960s.  The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the allegiance of gang members on the streets of and within custodial facilities in California.  As outlined in the indictment, membership in the NF involved a process of sponsorship, approval, and indoctrination.  The perpetration of violence and other crimes was ordinarily a prerequisite to entrance, continued membership, and advancement in the organization.  Once membership was achieved, this membership was for life.  The indictment alleges an NF oath provides: “If I lead, follow. If I stumble, push me. If I fall, avenge me. If I betray you, kill me.”

The indictment also describes the NF’s organizational structure and, in particular, the gang’s governing body: a seven-member “General Council,” made up of three Generals and a four-member Inner Council, which makes significant decisions and oversees the activities of the NF and its subservient gangs.  The indictment outlines each position according to the NF Constitution.  According to the NF Constitution, the Street Regiment General oversees the NF’s “overall street operations.”  The General of the Prisons is responsible for the NF’s “overall pinta [prison] functions,” and the General Advocates Office is the NF’s “justice department.”  Tiered just below these three NF Generals was the Inner Council, which consisted of four senior NF members who served as “advisors” to the Generals and provided a system of checks and balances.  All seven members of the NF’s General Council led the NF organization while incarcerated in the California prison system.  Each is charged in this indictment.

Further, the indictment describes the appointment by these leaders of NF members to positions of power over hierarchical and paramilitary structures called “regiments,” imposed on its gang members operating on the streets in California.  While the NF was composed of a relative few, it exercised control and wielded influence over thousands of subordinate gang members in counties and prisons throughout Northern California using such regiments.  These regiments primarily guaranteed the NF’s vast influence and control over its own and its street gang members, ensured avenues to direct violence and other illicit activity, and secured means for the NF to make money through the commission of criminal activity.

The NF oversaw such regiments in Contra Costa County, Santa Clara County, Monterey County, Santa Cruz County, San Benito County, San Francisco County, San Mateo County, Alameda County, Solano County, San Joaquin County, Fresno County, Kings County, Tulare County, Madera County, Merced County, Kern County, Sacramento County, Yolo County, Humboldt County, Shasta County, Lassen County, Tehama County, Butte County, Yuba County, Sutter County, Lake County, Placer County, and Sonoma County, as well as in Salinas Valley State Prison, Pelican Bay State Prison, Pleasant Valley State Prison, California State Prison – Solano, California State Prison – Sacramento, and High Desert State Prison.

According to the indictment, NF members and associates were involved in plots to kill 14 victims between April 2013 and July 2019 as part of the charged racketeering conspiracy.  The defendants charged in the alleged racketeering conspiracy include the following:

Defendant Age Charges Maximum Statutory Penalty
DAVID CERVANTES aka “DC” 73 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ANTONIO GUILLEN aka “Chuco” 55 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JAMES PEREZ aka “Conejo”

 

 67 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
SAMUEL LUNA aka “Sammy”

 

 46 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
GUILLERMO SOLORIO aka “Capone”

 

 42 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
TRINIDAD MARTINEZ aka “Trino”

 

 41 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
GEORGE FRANCO aka “Puppet”

 

 56 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
STEVEN TRUJILLO aka “Esteban”

 

 56 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
SALVADOR CASTRO aka “Gangster”

 

 51 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
BRYAN ROBLEDO aka “Turtle” 48 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ALEX YRIGOLLEN aka “Sleepy”

 

 52 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JUAN SOTO aka “Drifter”

 

 38 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
EDGARDO RODRIGUEZ aka “Big Evil”

 

 41 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ROBERT MALDONADO aka “KJ”

 

 46 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ERIC ZARATE aka “Baby G”

 

 43 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ROCKY BRACAMONTE aka “Fox”

 

 37 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JOSHUA CORTEZ aka “Buddah”

 

 28 18 U.S.C. § 1962(d) – Racketeering Conspiracy 20 years

Also charged in the indictment are defendants who allegedly participated in two conspiracies to possess and distribute methamphetamine, one in May of 2019 and the other in September 2020 to March 2021.  The charges pending against these defendants are as follows:

Defendant Age Charges Maximum Statutory Penalty
WILLIAM RODRIGUEZ aka “Negro” 34 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine At least 5 years, up to 40 years
MARVIN RODRIGUEZ 34 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

 At least 5 years, up to 40 years
CRISTIAN MORA aka “C-Fresh” 28 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

 At least 5 years, up to 40 years
MARTIN JOSEPH RUPPEL JR. 42 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

 At least 5 years, up to 40 years
ANAELISA CUEVAS 35 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine At least 5 years, up to 40 years

The court also may order additional terms of supervised release, fines, and restitution.  Nevertheless, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The defendants are scheduled to make initial federal court appearances before U.S. Magistrate Court Judge Nathanael Cousins and U.S. Magistrate Court Judge Sallie Kim today.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions), the DEA, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshal Service, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, and with support from the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, the Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

 

San Quentin prison guard from Pittsburg, two others charged in Death Row contraband smuggling scheme

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San Quentin State Prison. Photo by CA Dept. of Corrections.

“The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.”

SAN FRANCISCO – Keith Christopher and Isaiah Wells appeared in federal court today to face the charge of conspiracy to commit honest services fraud using interstate wires, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  A third co-defendant, Tanisa Smith-Symes, will appear tomorrow in federal court in Las Vegas, Nevada, where she was arrested today.

According to the complaint, Christopher, 37, of Pittsburg, California, Smith-Symes, 45, of Las Vegas, Nevada, and Wells, 32, of Tracy, California, conspired to smuggle cell phones into San Quentin State Prison’s East Block, where condemned inmates are housed.  Cell phones create safety and security risks for prison employees and other inmates, and state law deems them contraband and prohibits their possession by inmates.  Christopher is a Corrections Officer at San Quentin State Prison in Marin County.  The complaint alleges that Smith-Symes worked with a Death Row inmate with whom she had a relationship to obtain the contraband phones and ship them to Wells, who then provided the phones to Christopher, who in turn smuggled them into the prison.  Using this scheme, the complaint alleges that the conspirators successfully smuggled at least 25 phones into the prison and that the inmate working with Smith-Symes sold the phones inside the prison for up to $900 each.  Smith-Symes sent bribery payments to Christopher through Wells and others whom Christopher had appointed to receive the money.  The complaint further alleges that Christopher charged $500 as payment for each phone he smuggled into the prison.

The complaint filed against Christopher, Smith-Symes, and Wells charges each defendant with one count of conspiracy to commit honest services fraud using interstate wires in violation of 18 USC §§ 1343, 1346, and 1349.  The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.  Any sentence following conviction, however, is imposed by a court only after the court’s consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 USC § 3553.

Christopher and Wells appeared today on the charges before United States Magistrate Judge Sallie Kim, who sits in San Francisco.  They were released on bond and are scheduled to next appear in federal court on September 17, 2021.

Charges contained in a criminal complaint are mere allegations.  As in any criminal case, the defendants are presumed innocent unless and until proven guilty in a court of law.

The prosecution is the result of an investigation by the FBI and the California Department of Corrections and Rehabilitation’s Office of Internal Affairs.